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Eastern Water Law & Policy Reporter

January 2014

Volume 9, Number 1 January 2014


News from the West3


Recent Investigations, Settlements, Penalties and Sanctions5


United States Urges U.S. Supreme Court to Allow Texas Suit against New Mexico and Colorado Respecting Rio Grande Water Compact Violations8

Former Owners of Superfund Site Seek Supreme Court Clarification of CERCLA’s Cost Recovery Rules9



Eleventh Circuit Holds that Plaintiffs Cannot Evade Clean Water Act Notice Requirements11

Black Warrior Riverkeepers Inc., v. Black Warrior Minerals, Inc., ___F.3d___, Case No. 12-15409 (11th Cir. Nov. 13, 2013).

Sixth Circuit Finds Clean Water Act Does Not Impose on the Army Corps a Non-Discretionary Duty to Administer Permitting Program to Non-Applicants13

Huron Mountain Club v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 12-2217 (6th Cir. Oct. 30, 2013).

District Court Prevents Deposition of EPA Attorneys and Discovery Regarding Canadian Military Base in CERCLA Litigation15

Emhart Industries, Inc. v. New England Container Company, Inc, et al., ___F.Supp.2d___, Case Nos. 06-218 S, 11-023 S (D. R.I. Nov. 8, 2013).

Environmental Challenge to Chesapeake Bay Clean Water Act TMDLS Gets Quick Boot from D.C. District Court17

Food and Water Watch and Friends of the Earth v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case 1:12-cv-01639 (D. D.C. Dec. 13, 2013).

District Court Holds that 1983 Consummation Order Discharging Corporation from Bankruptcy Does Not Bar the United States’ Claims under CERCLA18

In Re Boston & Maine Corp., ___F.Supp.2d___, Case No. 70-00250-JLT (D. Mass. Nov. 19, 2013).

District Court Declines to Exercise Jurisdiction over Claim Seeking to Compel Federal Agency to Withdraw Approval of State Mining Program20

Sierra Club v. Jewell, ___F.Supp.2d___, Case No. 1:12-cv-065 (D. N.D. Oct. 22, 2013).


West Virginia High Court Affirms $93 Million Settlement, Despite Exclusion of Many Class Members from Receipt of Any Benefits22

Allen v. Monsanto Co., Case No. 13-0418 (W.Va. Nov. 22, 2013).